NECESSITY, FUNCTION AND CONFORMITY: KRS
224.01-410(3) and (6) requires the cabinet to establish administrative regulations
for the cleanup of methamphetamine contaminated properties. EO 2008-507 and
2008-531, effective June 16, 2008, abolish the Environmental and Public
Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative
regulation establishes the assessment of contaminated properties and the tiered
response system.

Section 1. Applicability. This administrative
regulation shall apply to methamphetamine contaminated properties discovered by
Kentucky State Police or local law enforcement on or after July 15, 2008.

Section 2. Assessment of an Inhabitable
Property. (1) The cabinet shall provide the Kentucky State Police and local law
enforcement with the initial site assessment form, Clandestine Drug Lab Preliminary
Assessment Tier Selection Criteria (TAS), DEP 1016, May 2009.

(a) Based on the results of the Tier
Selection Criteria portion of the form, if the property is determined to be a
contaminated property, law enforcement shall assign a tier for cleanup response,
pursuant to KRS 224.01-410(5).

(b) Once the form has been completed, it shall
be sent to the cabinet, where it shall be available for review as an open
record.

(2) Law enforcement shall consult with
the cabinet prior to making a Tier 4 recommendation.

(3) A certified contractor may determine
that an alternate tier for cleanup response is more appropriate, based on assessments
and testing of the property.

(a) If during the cleanup process, the
contractor discovers evidence that would alter the tier assignment for the
contaminated property, the contractor shall do the following:

1. Halt all cleanup activities;

2. Contact the cabinet within three (3)
business days to request a variance from the initial tier assignment; and

3. Provide a written justification for
the variance request, including results of assessments completed, sample
results, photographs, and all other evidence and documentation supporting the
variance request.

(b) Once all supporting documentation has
been provided to the cabinet, there shall be a review and decision made by the
cabinet to determine if the variance request has been granted.

(c) Once the review is complete and the
decision is made, all cleanup activities shall resume in accordance with the
decision regarding the tier.

Section 3. Classification as a Tier 1. A
tier 1 shall include the following:

Section 6. Classification as a Tier 4.
(1) A tier 4 shall include the following:

(a) Investigation of the property by the
police suggests that the lab is capable of producing large quantities, greater
than one (1) pound of methamphetamine, reagents, or precursors during a production
event;

(b) Investigation shows severe
environmental effects outside the structure due to potentially large quantities
of hazardous materials dumped or released, or drummed and buried wastes are discovered
on the property;

(c) Investigation suggests methamphetamine
production was conducted longer than two (2) weeks to several months; or

(d) Spills and staining have occurred inside
and outside the structure.

(2) Law enforcement agencies shall consult
with the cabinet prior to making this tier recommendation.

(3) Releases of hazardous substances,
pollutants, or contaminants to the environment shall be subject to the
requirements of KRS 224.01-400 and 401 KAR 100:030.